(a) Any person who knowingly accepts online sports wagers or otherwise operates a business of sports wagering and does not possess a valid permit or license issued by the commission under this chapter shall be subject to the following, in addition to any penalty imposed under W.S. 6-7-102:
(i) For a first offense, a civil penalty of twenty-five thousand dollars ($25,000.00);
(ii) For a second or subsequent offense, a civil penalty of fifty thousand dollars ($50,000.00).
(b) When a series of similar events result in a violation under this chapter or commission rules, those events that occur within the same month shall be treated as one offense and not separate and distinct offenses.
(c) The commission shall develop a compliance program that includes establishing procedures to review online sports wagering and related activities occurring in the state to ensure compliance with and enforcement of this chapter. The program shall include review and evaluation of the conduct of:
(i) Sports wagering operators, sports wagering vendors, qualified gaming entities, patrons and any other person permitted or authorized to engage in activities under this chapter; and
(ii) Persons operating without a valid permit or license under this chapter, engaging in activities not authorized or regulated under this chapter or pursuing or engaging in activities otherwise in violation of this chapter.
(a) As used in this chapter:
(i) "Executive order" means a directive, order, policy or proclamation that manages the operation of the state government issued by the governor;
(ii) "Federal officials" or "federal law enforcement officers" means any person employed by the United States government or any agency or department thereof for the primary purpose of enforcing or regulating federal immigration laws and any peace officer as defined in W.S. 7-2-101(a)(iv) when the person or peace officer is acting within the scope of employment to enforce federal immigration laws;
(iii) "Immigration status" means the legality or illegality of a person's presence in the United States as determined by federal law;
(iv) "Immigration status information" means any information that is not confidential or privileged by law including any statement, document, computer generated data, recording or photograph that is relevant to immigration status or the identity or location of a person who is reasonably believed to be illegally residing within the United States or involved in international terrorism or domestic terrorism as defined in 18 U.S.C. § 2331;
(v) "State or Local official or employee" means any elected or appointed official, supervisor or managerial employee or peace officer, contractor or agent acting on behalf of or in conjunction with the state or a city, town or county;
(vi) "Policy" means any regulation, rule, ordinance, policy or practice adopted by the governing body of a state agency or a city, town or county;
(vii) "Sanctuary city, town or county" or "sanctuary state" means a jurisdiction that limits or refuses to communicate or cooperate with federal officials or law enforcement officers regarding the reporting of immigration status information.
9-25-102. Prohibition on immigration sanctuary policies and designations.
(a) No governing body of a state agency or a city, town or county, whether acting through its governing body or by an initiative, referendum or other process, shall:
(i) Enact, adopt, implement or enforce any policy that prohibits or restricts state or local officials or employees from communicating or cooperating with federal officials or law enforcement officers with regard to reporting immigration status information while the state or local official or employee is acting within the scope of the official's or employee's official duties;
(ii) Declare or designate the state or city, town or county as a sanctuary state or sanctuary city, town or county.
(b) No state or local official or employee shall be prohibited or restricted from communicating or cooperating with federal officials or law enforcement officers with regard to reporting immigration status information while the official or state employee is acting within the scope of the official's or employee's official duties.
(c) No executive order shall declare or designate the state of Wyoming as a sanctuary state.
(d) Any person lawfully residing and domiciled in this state shall have a private right of action to file for a writ of mandamus to compel any noncooperating state or local official or employee to comply with this chapter.
(a) As used in this chapter:
(i) "Authority" means the Wyoming energy authority;
(ii) "Carbon capture, utilization and storage technology" means technology that has the principal purpose of capturing, reusing, storing, sequestering or using carbon dioxide emissions to prevent carbon dioxide from entering the atmosphere;
(iii) "Carbon dioxide provider" means a person that captures generated, emitted or produced carbon dioxide;
(iv) "Enhanced oil and gas recovery" means all existing and future technologies or methods to recover oil and gas beyond traditional primary and secondary methods, including technology to optimize development and recovery of oil and gas resources;
(v) "Stimulus" means the enhanced oil recovery stimulus created by this chapter.
(a) Any carbon dioxide provider may apply for and receive an enhanced oil recovery stimulus in accordance with all of the following:
(i) The carbon dioxide provider seeking the stimulus shall complete an application for the stimulus on a form and in intervals prescribed by the authority. A carbon dioxide provider may request from the authority a preapplication determination of eligibility for the stimulus under this chapter;
(ii) To qualify for the stimulus:
(A) The carbon dioxide shall be captured by the carbon dioxide provider through the use of carbon capture, utilization and storage technology;
(B) The carbon dioxide provider shall sell, deliver or provide the captured carbon dioxide for use in enhanced oil and gas recovery projects in Wyoming; and
(C) The crude oil or natural gas produced from enhanced oil and gas recovery shall be produced using carbon dioxide specified in subparagraphs (A) and (B) of this paragraph.
(iii) The captured carbon dioxide provided by the carbon dioxide provider and used in the enhanced oil and gas recovery production of the crude oil or natural gas shall be from a carbon dioxide source originating within the state of Wyoming;
(iv) The carbon capture, utilization and storage technology and the captured carbon dioxide specified in paragraph (iii) of this subsection that is used in the enhanced oil and gas recovery production of the crude oil or natural gas shall qualify for the federal tax credit available for carbon oxide sequestration under 26 U.S.C. 45Q, as amended as of January 1, 2023 and subject to subsection (c) of this section;
(v) The carbon dioxide provider shall qualify for and receive the federal tax credit under 26 U.S.C. 45Q before receiving the stimulus authorized under this chapter;
(vi) To ensure that the enhanced oil and gas recovery production and the use of a carbon dioxide provider's captured carbon dioxide satisfies the conditions specified in this subsection, the authority may consult with any federal or state agency necessary before approving the stimulus authorized under this chapter.
(b) Subject to available funding, the stimulus that is available to a carbon dioxide provider shall, subject to subsection (d) of this section, be equal to ten dollars ($10.00) for every one (1) ton of carbon dioxide that:
(i) The carbon dioxide provider sells or delivers for use in enhanced oil and gas recovery; and
(ii) Is stored through the enhanced oil and gas recovery production that meets the requirements of this section.
(c) The stimulus shall be available to a carbon dioxide provider until the date that the carbon dioxide provider no longer qualifies for the federal tax credit under 26 U.S.C. 45Q. The authority shall adjust the amount of the stimulus in proportion to any change in the difference between the amount of the credit available under 26 U.S.C. 45Q for a qualified enhanced oil or natural gas recovery project and the amount of the credit available under 26 U.S.C. 45Q for secure geological storage that is not used for enhanced oil or natural gas recovery. The stimulus shall not be available during any time that the amount of the credit available under 26 U.S.C. 45Q for secure geological storage that is not used for enhanced oil or natural gas recovery exceeds the amount of the credit available under 26 U.S.C. 45Q for a qualified enhanced oil or natural gas recovery project by not more than fifteen dollars ($15.00) or if the credit available under 26 U.S.C. 45Q for secure geological storage that is not used for enhanced oil or natural gas recovery is equal to or less than the amount of the credit available under 26 U.S.C. 45Q for a qualified enhanced oil or natural gas recovery project.
(d) The stimulus shall be paid from funds in the enhanced oil recovery stimulus account created in W.S. 9-26-104, subject to available funds within the account. The stimulus shall not be paid from any other source except upon express approval by legislative act. In the event of insufficient funds in the enhanced oil recovery stimulus account established in W.S. 9-26-104 for any one (1) fiscal year, stimulus payments shall be prorated.
(a) The authority shall administer the stimulus and shall ensure that each carbon dioxide provider applying to receive a stimulus meets all qualifications under this chapter before receiving a stimulus. The authority shall promulgate all rules necessary to implement the stimulus program.
(b) Upon determining each carbon dioxide provider's eligibility to receive a stimulus, the authority shall report the eligibility to the governor and the state auditor. Upon receiving a report from the authority, the state auditor shall disburse funds from the enhanced oil recovery stimulus account established in W.S. 9-26-104 to the carbon dioxide provider in an amount equal to the stimulus to which the provider is entitled under this chapter.
(c) Not later than November 1 of each year, the authority shall report to the joint revenue interim committee and the joint minerals, business and economic development interim committee on the amount of stimulus funds paid from the enhanced oil recovery stimulus account for the immediately preceding fiscal year and any associated revenue impacts from the stimulus payments.
(a) There is created the enhanced oil recovery stimulus account. Funds in the account shall be invested by the state treasurer in accordance with law. All earnings earned on funds within the account shall be deposited in the account. Subject to subsection (b) of this section, funds within the account are continuously appropriated to the governor to be expended only for providing stimulus payments to carbon dioxide providers in accordance with this chapter.
(b) If there is no expenditure of any funds from the enhanced oil recovery stimulus account before July 1, 2034, then all funds in the enhanced oil recovery stimulus account shall revert to the legislative stabilization reserve account on July 1, 2034.
(c) Not later than August 1, 2025 and each August 1 thereafter, the department of revenue shall report to the governor, the state auditor, the authority, the joint appropriations committee and the joint minerals, business and economic development interim committee on the amount of severance taxes remitted to the department under W.S. 39-14-204(a)(iv), plus one-half (1/2) of the amount of severance tax remitted under W.S. 39-14-204(a)(iii), as a result of crude oil and natural gas produced using enhanced oil and gas recovery techniques and using captured carbon dioxide for which a stimulus is provided under this chapter. The authority shall report the amount of the stimulus provided under this chapter, including any adjustments made to the amount of the stimulus under W.S. 9-26-102(c).
(d) Not later than September 1, 2025 and each September 1 thereafter, the state auditor shall transfer the amount of funds remitted to and reported by the department of revenue under subsection (c) of this section for the immediately preceding fiscal year from the general fund to the accounts specified in this subsection, in accordance with the following:
(i) The state auditor shall adjust the amount transferred under this subsection based on any adjustments made to the amount of the stimulus under W.S. 9-26-102(c);
(ii) Funds shall be first transferred to the enhanced oil recovery stimulus account, provided that any transfer under this paragraph shall not exceed the amount necessary to bring the balance of the enhanced oil recovery stimulus account to a balance of ten million dollars ($10,000,000.00) until all transfers required under paragraph (iii) of this subsection are completed;
(iii) After transfers are made under paragraph (ii) under this subsection, any remaining funds shall be transferred to the legislative stabilization reserve account. No transfers shall be made under this paragraph after a total of ten million dollars ($10,000,000.00) is transferred to the legislative stabilization reserve account under this paragraph.
(a) As used in this chapter:
(i) "Changing area" means an area in a public facility in which a person may be in a state of undress in the presence of others, including a changing room, locker room or shower room;
(ii) "Correctional facility" means a state penal institution, correctional facility operated by a private entity under W.S. 7-22-102, the Wyoming boys' school and the Wyoming girls' school;
(iii) "Educational facility" means the University of Wyoming and a Wyoming community college and any facility owned, operated or leased by the University of Wyoming or a Wyoming community college. "Educational facility" shall not include any multi-occupancy changing area, restroom or sleeping quarters located inside a space that an educational facility utilizes as a private residence or as reservable commercial lodging;
(iv) "Female" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes eggs for fertilization;
(v) "Governmental entity" means the state, University of Wyoming or any local government but shall not include any school district or any city or county jail where adults are incarcerated or managed youth facility where persons are placed under W.S. 14-6-201 through 14-6-252;
(vi) "Local government" means cities and towns, counties, joint powers boards, airport boards, public corporations, entities formed by a county memorial hospital, special hospital district, rural health care district or senior health care district that are wholly owned by one (1) or more governmental entities, community college districts, special districts and their governing bodies, all political subdivisions of the state, and their agencies, instrumentalities and institutions. "Local government" shall not include any school district or any city or county jail where adults are incarcerated or managed youth facility where persons are placed under W.S. 14-6-201 through 14-6-252;
(vii) "Male" means a person who has, had, will have or would have had, but for a congenital anomaly or intentional or unintentional disruption, the reproductive system that at some point produces, transports and utilizes sperm for fertilization;
(viii) "Public facility" means any building or facility owned, operated or leased by a governmental entity and shall include correctional facilities and educational facilities. "Public facility" shall not include any multi-occupancy changing area, restroom or sleeping quarters located inside a space that a governmental entity or public facility utilizes as a private residence or as reservable commercial lodging;
(ix) "Restroom" means a room or facility that includes one (1) or more toilets or urinals;
(x) "Sex" means a person's biological sex, either male or female;
(xi) "Sleeping quarters" means an area with at least one (1) bed or cot and in which more than one (1) person is housed overnight.
9-27-102. Public facilities; changing areas exclusively for members of a single sex.
(a) In each public facility:
(i) Every multi-occupancy changing area, restroom and sleeping quarters shall be designated for use exclusively by males or exclusively by females;
(ii) Every multi-occupancy changing area, restroom and sleeping quarters designated for one (1) sex shall be used only by members of that sex.
(b) In each public facility, no person shall enter a changing area, restroom or sleeping quarters that is designated for males or females unless the person is a member of that sex.
(c) Nothing in this section shall be construed to prohibit the administrator of a public facility from providing a reasonable accommodation for a person. For purposes of this subsection, a reasonable accommodation shall not include access to a multi-occupancy changing area, restroom, or sleeping quarters designated for the opposite sex.
(d) Subsections (a) and (b) of this section shall not apply to:
(i) Single-occupancy changing areas, restrooms or sleeping quarters that are conspicuously designated for unisex use;
(ii) An employee who enters the changing area, restroom or sleeping quarters to clean, maintain or inspect a changing area, restroom or sleeping quarters when the changing area, restroom or sleeping quarters is not occupied;
(iii) A person who enters a changing area, restroom or sleeping quarters to render medical assistance or caregiving assistance;
(iv) A person or employee who enters the changing area, restroom or sleeping quarters while in the performance of the person's or employee's official duties;
(v) Any time during an ongoing natural disaster or emergency or when necessary to prevent a serious threat to public health or safety;
(vi) Changing areas, restrooms or sleeping quarters that have been temporarily designated for use by that person's sex;
(vii) A coach and members of an athletic team or activity that includes members of both the male and female sexes present in a changing area or restroom during an athletic activity, in accordance with all of the following:
(A) Another suitable changing area or restroom is not available;
(B) The coach is the coach of an athletic activity or team with members of both the male and female sexes;
(C) All persons in the changing area or restroom are fully clothed;
(D) If available, the coach shall be accompanied by not less than one (1) additional adult at all times in the changing area or restroom, provided that an additional adult shall not be required if members of the activity or team of both sexes are present in the changing area or restroom.
(e) In each public facility, a person who, while accessing a changing area or restroom designated for use by the person's sex, encounters another person of the opposite sex in the designated changing area or restroom shall have a cause of action against the public facility that:
(i) Provided the other person permission to use a changing area or restroom of the opposite sex; or
(ii) Failed to take reasonable steps to prohibit the other person from using the changing area or restroom of the opposite sex. Reasonable steps may include but are not limited to posting appropriate signage and adopting policies and procedures for the enforcement of the provisions of this act.
(f) A person who is required by a correctional facility to share sleeping quarters with another person of the opposite sex shall have a cause of action against the correctional facility.
(g) A person aggrieved under this section who prevails in a cause of action brought under this section is entitled to actual damages and may recover reasonable attorney fees and costs from the governmental entity operating the public facility.
9-27-103. Sex-designated changing areas and privacy spaces in educational facilities.
(a) In each educational facility:
(i) Each multi-occupancy changing area, restroom and sleeping quarters shall be designated by the educational facility for use exclusively for males or exclusively for females;
(ii) Every multi-occupancy changing area, restroom and sleeping quarters designated for one (1) sex shall be used only by members of that sex.
(b) In each educational facility, no person shall enter a changing area that is designated for one (1) sex unless that person is a member of that sex.
(c) Each educational facility that offers housing for student residents shall provide students the option to be housed only with persons of the same sex.
(d) During any activity or event authorized by an educational facility where persons share sleeping quarters, no person shall be required to share sleeping quarters with a member of the opposite sex, unless all occupants of the sleeping quarters are members of the same immediate family.
(e) In any other facility or setting in an educational facility where a person may be in a state of undress in the presence of others, the educational facility shall provide separate, private changing areas designated for use by persons based on their sex. Except as provided by subsection (f) of this section, no person shall enter these changing areas unless that person is a member of the designated sex.
(f) This section shall not apply to:
(i) Single-occupancy changing areas, restrooms or sleeping quarters that are conspicuously designated for unisex or family use;
(ii) Changing areas, restrooms or sleeping quarters that have been temporarily designated for use by that person's sex;
(iii) A person of one (1) sex who uses a single-sex changing area or restroom designated for the opposite sex, if that single-sex changing area or restroom is the only facility reasonably available at the time of the person's use of the changing area or restroom and no members of the opposite sex are present in the changing area or restroom at that time;
(iv) A person employed to clean, maintain or inspect a changing area, restroom or sleeping quarters when the changing area, restroom or sleeping quarters is not occupied;
(v) A person who enters a changing area, restroom or sleeping quarters to render medical assistance or caregiving assistance;
(vi) A person who is in need of assistance and, for the purposes of receiving that assistance, is accompanied by a family member, legal guardian or the person's designee who is a member of the designated sex for the single-sex changing area, restroom or sleeping quarters;
(vii) Any time during an ongoing natural disaster or emergency or when necessary to prevent a serious threat to public health or student safety;
(viii) A school official or employee who enters the changing area, restroom or sleeping quarters while in the performance of the official's or employee's official duties and who takes reasonable steps to ensure that no person in the room is in a state of undress;
(ix) A coach and members of an athletic team or activity that includes members of both the male and female sexes present in a changing area or restroom during an athletic activity, in accordance with all of the following:
(A) Another suitable changing area or restroom is not available;
(B) The coach is the coach of an athletic activity or team with members of both the male and female sexes;
(C) All persons in the changing area or restroom are fully clothed;
(D) If available, the coach shall be accompanied by not less than one (1) additional adult at all times in the changing area or restroom, provided that an additional adult shall not be required if members of the activity or team of both sexes are present in the changing area or restroom.
(g) Each educational facility shall provide a reasonable accommodation to any person who is unwilling or unable for any reason to use a changing area or restroom designated for the person's sex and located within an educational facility, or multi-occupancy sleeping quarters while attending an activity sponsored by the educational facility, and who makes a written request to the educational facility for the reasonable accommodation. A reasonable accommodation granted under this subsection shall not include access to a changing area, restroom or sleeping quarters that is designated for use by members of the opposite sex while persons of the opposite sex are present or could be present.
(h) In each educational facility, any person who, while accessing a changing area, restroom or sleeping quarters designated for use by the person's sex, encounters a person of the opposite sex may bring a cause of action for declaratory and injunctive relief against the educational facility if:
(i) The educational facility gave that person permission to use the changing area or restroom of the opposite sex; or
(ii) The educational facility failed to take reasonable steps to prohibit that person from using the changing area or restroom of the opposite sex.
(j) A person who is required by the educational facility to share sleeping quarters with a person of the opposite sex shall have a private cause of action for declaratory and injunctive relief against the educational facility.
(k) Any action initiated under subsections (h) or (j) of this section shall be in accordance with all of the following:
(i) Any civil action shall be brought not later than four (4) years after the event creating the cause of action has occurred;
(ii) Any person who prevails in an action brought under subsections (h) or (j) of this section may recover from the educational facility five thousand dollars ($5,000.00) for each instance that the person encountered a person of the opposite sex while accessing a changing area, restroom or sleeping quarters designated for use by the person's sex;
(iii) The person may also recover monetary damages from the educational facility for all harm suffered;
(iv) Any person who prevails in an action brought under subsections (h) or (j) of this section shall be entitled to recover reasonable attorney fees and costs from the educational facility;
(v) Nothing in this section shall limit any other remedy of law or equity available to the person against the educational facility.
(a) As used in this section:
(i) "Diversity, equity or inclusion" means any program, activity or policy that promotes differential or preferential treatment of individuals or classifies individuals on the basis of race, color, religion, sex, ethnicity or national origin;
(ii) "Governmental entity" means the state, any department thereof, the University of Wyoming and any county, city, town, school district, community college district, other political subdivision and other public corporation of the state;
(iii) "Institutional discrimination" means any of the following concepts:
(A) That any race, color, religion, sex, ethnicity or national origin is inherently superior or inferior;
(B) That a person should be discriminated against or adversely treated because of the person's race, color, religion, sex, ethnicity or national origin;
(C) That the moral character of a person is determined by the person's race, color, religion, sex, ethnicity or national origin;
(D) That because of a person's race, color, religion, sex, ethnicity or national origin the person is inherently racist, sexist or oppressive, whether consciously or subconsciously;
(E) That by virtue of a person's race, color, religion, sex, ethnicity or national origin, the person is inherently responsible for actions committed in the past by other members of the same race, color, religion, sex, ethnicity or national origin;
(F) That fault, blame or bias should be assigned to members of a race, color, religion, sex, ethnicity or national origin, on the basis of race, color, religion, sex, ethnicity or national origin;
(G) That any person should accept, acknowledge, affirm or assent to a sense of guilt, complicity or a need to apologize on the basis of the person's race, color, religion, sex, ethnicity or national origin;
(H) That meritocracy or certain traits including a hard work ethic are racist or sexist.
(b) No governmental entity shall:
(i) Engage in any diversity, equity or inclusion program, activity or policy;
(ii) Engage in institutional discrimination;
(iii) Require instruction promoting institutional discrimination;
(iv) Require any student, employee or contractor to attend or participate in any diversity, equity or inclusion program or training or any institutional discrimination program or training.
(c) As a political class, classification or identity, federally recognized Indian tribes and programs, trainings, degrees, classes or endowments related to federally recognized Indian tribes or Indian history, culture, language and traditions, are not diversity, equity and inclusion as defined by this section. Nothing in this section shall be construed to apply to federally recognized Indian tribes. For purposes of this section:
(i) "Federally recognized Indian tribe" means a tribal government and its citizens who have an acknowledged government-to-government relationship with the United States of America;
(ii) Federally recognized Indian tribes and their citizens shall be considered a political class, classification or identity. Tribes and their members shall not be considered a race or a racial classification.
(a) As used in this act:
(i) "Burden" means any action that, either directly or indirectly, constrains, inhibits, curtails or denies the exercise of religion including, but not limited to:
(A) Withholding of benefits;
(B) Assessing criminal, civil or administrative penalties;
(C) Exclusion from governmental programs; or
(D) Denial of access to governmental facilities.
(ii) "Compelling governmental interest" means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion;
(iii) "Exercise of religion" means the practice or observance of religion, including an act or refusal to act, that is substantially motivated by a sincerely held religious belief, whether or not compelled by or central to a system of religious belief;
(iv) "Person" means any natural person, association, partnership, corporation, religious institution or other legal entity;
(v) "State action" means the implementation or application of any law, including but not limited to state and local laws, ordinances, rules, regulations and policies, whether statutory or otherwise, or action by the state or a political subdivision, local government, municipality, instrumentality or public official authorized by law in the state of Wyoming;
(vi) "This act" means W.S. 9-29-101 through 9-29-104.
(a) State action shall not substantially burden a person's right to the exercise of religion, even if the burden results from a rule of general applicability, unless it is demonstrated that applying the burden to that person's exercise of religion in that particular instance is:
(i) Essential to further a compelling governmental interest; and
(ii) The least restrictive means of furthering that compelling governmental interest.
(b) This act shall apply to all state and local laws, ordinances, rules, regulations and policies, and their implementation, whether statutory or otherwise and whether adopted before, on or after the effective date of this act.
A person whose exercise of religion has been substantially burdened or is likely to be substantially burdened in violation of this act may assert the violation or impending violation as a claim or defense in a judicial or administrative proceeding, regardless of whether the state or one (1) of its political subdivisions is a party to the proceeding. The person asserting the claim or defense may obtain appropriate relief, including injunctive relief and declaratory relief.